Johnson v. New York City Board of Education

Plaintiff Edward Johnson appeals from a judgment of the United States District Court for the Eastern District of New York, Sterling Johnson, Jr., Judge, dis*71missing his complaint for failure to make proper and timely service of his summons and complaint on defendant New York City Board of Education (the “Board”) as required by Fed.R.Civ.P. 4(m). On appeal, plaintiff argues that the summons and complaint were properly served within the 120 day period allowed by Rule 4(m), or, alternatively, that the failure to make such service was the result of excusable neglect. Finding no basis for reversal,…